The Saeima has adopted and the President off the following law: Dina topographies of semiconductor protection law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) in a semiconductor product: any product or intermediate electronic function or electronic and other functions, which consists of the base material, which contains a layer of semiconductor material, and one other layer or several layers that are created from the driver, ISO l Ators or semiconductor and organized pursuant to a predefined three-dimensional structure;
2) or open the topography in any manner, consecutive encrypted images that reflect the semiconductor product containing the three-dimensional structure and layers in which each image shows the surface of the semiconductor product structure or part of a surface structure in various stages of manufacture;
3 commercial exploitation of the topography), sale, rental or any other commercial distribution or inclusion in the economic chain, as well as offer those purposes;
4) topography owner — the topography of a semiconductor product creator or his successor in title, or any other natural or legal person to whom the exclusive rights belongs under this law, treaty or international agreement approved by the Saeima.
 
2. article. (1) the protected topography topography is protected in the Republic of Latvia, if it complies with the provisions of this law and is registered in the Patent Office of the Republic of Latvia (hereinafter Patent Board).
(2) the topography is protected, if it is the creator of the topography is the result of intellectual work and is not generally known in the production of the semiconductor product. The topography is considered its creator's intellectual work until it is proven against the as_well_as an external.
(3) the topography, which includes semiconductor products generally known elements, protected, if common ground connection of items in General comply with the second subparagraph of this article.
(4) the legal protection of the Topography shall not apply to the principles, processes, systems and techniques that are directly or indirectly related to the creation and production of topographies, as well as on the coded information, which is used in topography.
 
3. article. Exceptional law bodies (1) the exclusive rights to a topography belongs to its creator, but if more than one person generated the topography together — all of its creators.
(2) where a topography is created in the performance of a contract of employment that provides for the creation of topographies, exclusive rights to a topography can belong to the employer, as determined by the collective agreement or individual contract of employment.
(3) where a topography is created in the performance of the contract, the company exclusive rights to a topography may be working on a Subscriber, as determined by the contract.
(4) If, pursuant to this article, the second and third part of the creator to the topography is not an exclusive right, the creator has the right to ask him to all with the registration of a topography related documents and publications should be referred to as the creator of the topography.
(5) if the exclusive rights to a topography does not belong to the first, second or third persons referred to in the part, they can belong to the person who first launched commercially exploit the topography, if no other person has used it in Latvia or abroad.
(6) the exclusive rights to a topography may be the first, second, third, and fifth subparagraph of successors.
(7) if the exclusive rights to a topography belongs to several persons, the relationship between topography determines the owner of mutual agreement. Where such contract has not been concluded, the applicable provisions of the Civil Code relating to the joint ownership of real property.
Chapter II, article 4 of the registration of the topography. Topography registration application (1) applications for registration of Topographies (hereinafter application) the Patent Office may submit any article 3 of this law that the natural or legal person (hereinafter the applicant), if: 1) is habitually resident in Latvia or in the territory of Latvia belongs to it;
2) its permanent residence or business location is a country with which the Republic of Latvia has entered into bilateral or multilateral agreements on the protection of topographies of semiconductor products;
3) its domicile or business location, it is the country where the natural or legal persons of the Republic of Latvia by mutual agreement grants national treatment and that the laws of the Republic of Latvia to ensure that natural and legal persons on the protection of topographies of semiconductor products, which comply with the provisions of this law.
(2) the applicant shall be entitled to request the registration of a topography, until it is proven that he is not entitled to it.
(3) an application may be submitted before the first commercial exploitation of the topography, or two years from the date on which Latvia or any other country launched the first commercial exploitation of the topography. If the application is not filed within two years from the first commercial exploitation of the topography of the day, it is believed that during this period the law referred to in article 3 (b) in the Court as to the exceptional topography is not the entry into force and that they can't get.
(4) where a topography has not been used commercially, the applicant is entitled to submit an application to the Patent Office 15 years period from the year following the year in which the topography.
 
5. article. Application (1) the application shall contain: 1) the application for registration of a topography;
2) a short description of the topography;
3) material that clearly and unambiguously identifies the topography and its elements and fit reproduction: (a) drawings or photographs) that represents the configuration of layers of semiconductor product, b) masks, used in the manufacture of the semiconductor product, or mask parts drawings or photographs, c) semiconductor product separate layers of drawings or photographs;
4) documents that wrap na first commercial exploitation of the topography of the date (if the use of topography started before the application). If the first commercial exploitation of the topography of the applicant rather than, but initiated by another person, the applicant indicates that for the top of the g rāfij is his relationship with this person;
5) on the application documents the State duty payment;
6) mandate, if the application is lodged by the authorized person.
(2) in order to ensure better identification of the topography, the applicant may submit additional: 1) the topography of a sample of one or more of the samples. The topography of the sample submission and storage of the applicant pays the State fee;
2) magnetic tape, computer printouts, microfilm or other data (information) the custodian (source) where a topography is stored in encrypted form.
(3) the application and a short description of the topography of the applicant submitted to the Latvian language. Other in the first and second part of the documents and materials may be submitted in English, French, Russian or German. If the document that certifies the first commercial exploitation of the topography, the date of a foreign country, is in a different language, the applicant together with the original of this document shall also submit certified its translation into one of those languages.
(4) in the event of a dispute by the Patent Board of appeal (hereinafter Board of appeal) or at the request of the applicant the Court (topography of the owner) shall be submitted in the first or second part of the document referred to in the translation of Latvian language.
(5) Submit the first part of this article, paragraph 3 and the second part of the documents and materials, the applicant may request in writing to specify components that include trade secrets related to the manufacture of topographies, of which the Patent Board, a Board of appeal or the Court may not be disclosed. Exceptionally, at the appeal court of m I or pass the request to the documents and materials can introduce the interested parties that are members of the exclusive rights in the dispute concerning the validity or infringement of these rights.
(6) the formal requirements for application documents and material design is determined by the Patent Office. It is entitled according to the Saeima approved international agreements to supplement and amend these requirements.
 
6. article. Date of submission of the application (1) the filing date of the application (hereinafter referred to as the application date) be the date when the Patent Board received this law article 5 application referred to in the first subparagraph, a short description of the topography and the drawings or photographs.
(2) If the first part of this article, the requirements have not been met, the Patent Office shall notify the applicant, setting a time limit for correcting the deficiencies indicated. In this case, the date of the application shall be considered the date when the Patent Board received all the first part listed in the documents and materials. If the applicant has not fulfilled the prescribed time requirements for the Patent Office, the application shall be deemed not to have been filed and the applicant is notified in writing.
(3) following the request of the Patent applicant to the Board within 30 days from the date of the application the applicant shall send a certified copy of the application that contains the application data and the number of ms.

(4) the application documents and materials (except for the document on the application of the national fees), which does not affect the date of the application, the applicant may submit with the first paragraph of this article documents and material, but not later than three months from the date of the application, but the application documents state duty payment, the month of the application date. If these documents are not submitted in due time, the application shall be deemed not to have been filed.
 
7. article. Consideration of the proposal by Piet (1) the Patent Office within three months from the date of the application checks whether the application complies with article 4 of this law, the first, third and fourth subparagraphs of article 5, the first and third parts of the Patent rules, as well as the formal requirements of the Board regarding the application and design of materials.
(2) if the application meets the requirements, the Patent Office shall decide on the registration of a topography of the topographies of semiconductor products in the national register and on the publication of the notice.
(3) If the application does not meet the eligibility requirements, or only partly complies, the Patent Board shall notify the applicant, setting a time limit of three months specified failures.
(4) the Patent Office shall decide on the application's rejection, if the applicant has not prevented a specified Patent Board noted deficiencies.
 
8. article. Topography registration (1) the Patent Board topography register of topographies of semiconductor products in the national register of topographies and particulars published in its official journal, as well as issue a applicant after payment of the State fees specified pattern topography registration certificate as soon as possible after a positive decision.
(2) if the application is submitted before the first commercial exploitation of the topography, the applicant has the right to publish messages on the registration of a topography is delayed until the first commercial exploitation of the topography, but not more than one year from the date of registration of the topography.
(3) after the publication of the particulars of the registration of a topography, every person has the right to the Patent Office to become familiar with the application documents and materials.
(4) the third paragraph of this article shall not apply where the application components are considered trade secrets of the applicant and for which he is not disclosed in accordance with this law, article 5 of the fifth has previously submitted a written request to the Patent Office.
 
9. article. Appeal and review (1) the Patent Office's decision on the refusal to accept the application for review, examination of its rejection of the application or the refusal to register the topography applicant can appeal to the Appeal Board within three months from the date of adoption of the decision, paying the State fee.
(2) the Appeal Board hears appeals of submissions within three months in the same order that the appeal has been established in the Patent Act.
(3) the decision of the Board of appeal against a refusal to register the topography of the appellant may appeal a Riga court within six months in accordance with the procedure prescribed by law. Other decisions the Board of appeal are final.
 
10. article. The submission and review of the opposition (1) six months from the date of publication of the particulars of the registration of a topography, any person may lodge an appeal to the Council motivated objection to the registration of a topography, in whole or in part, if the infringement of article 4 of this law, the first, third or the fourth paragraph of article 5, first paragraph, 1, 2, 3 or 4. The complaint shall be submitted in writing to the two copies. The objection of the duty payable. If the State fee is not paid, the opposition proceedings are not accepted.
(2) the Board of appeal the applicant registered topography was presented with objections, while setting a deadline for the applicant to provide a response.
(3) the Board of appeal shall decide on the registration of the topography, if the applicant does not submit a response time set by the Board of appeal.
(4) the Board of appeal shall examine the objection within three months from the date of receipt of the applicant's responses in the same order that the patent disputes are laid down in the law of patents. The opponent and the applicant, as well as their representatives are entitled to participate in the hearing, in which the appearance of opposition, to submit the necessary material and to provide oral explanations.
(5) the Board of Appeal's decision on the objection in whole or in part, for the satisfaction of the registered topography applicant may appeal within six months of the Riga Court. The rejection of the opposition does not prevent the Court of justice the applicant to challenge the registration of a topography in accordance with the General rules provided for in the Patent law for patent invalidation.
Chapter III of the topography registration of rights linked to article 11. Exclusive rights in the content and essence (1) the Person in whose name the registered topography, is the exclusive right of the s: 1) reproduce the topography, in whole or in part, in any manner and form;
2) in any way and form to realize the topography of a semiconductor product;
3 the topography or the semiconductor product), in which it is realized, commercial use, as well as manufactured, offered for sale, distributed, imported from foreign countries and keep those purposes.
(2) Other parties without permission of the owner of the topography is prohibited to make any in the first paragraph of this article.
(3) the owner of a Topography may be transferred their rights to the topography in whole or in part to any other person.
(4) any topography, which is protected in accordance with the provisions of this law, as well as the respective exclusive rights regime are treated as movable assets, and to them, if this law provides otherwise, the provisions of the Patent law on licenses, license agreements and other transactions that are associated with the exclusive rights, as well as the General rules of civil law on chattel and property transactions.
(5) If the registered in New Zealand is not used topogr Latvia or is used to the extent that objective does not suit national interests of Latvia, and the topography owner refuses to grant a licence for the interested party, the Court in that person's requirements you can give it permission to (forced Gulf n ci) use the registered topography. A compulsory licence may be granted, subject to the relevant provisions of the Patent Act, any time, starting from the date of registration of the topography.
(6) any registered topography associated with the transaction will be recorded in the Patent Office. Otherwise, the transaction is considered void.
 
12. article. Exceptionally, the period of validity of the rights (1) the exclusive rights to a topography shall enter into force on the day of Latvia or any other country launched its first commercial use, or on the date of receipt of the application, depending on what happened in the past.
(2) the exclusive rights to a topography can not get, if, over a period of 15 years from the year following the year in which the topography, the Patent Office has not filed the application or use of the topography has been initiated.
(3) the exclusive rights to a topography shall be valid for 10 years from the year following the year in which the application has been filed or initiated the use of the topography, provided the application is filed within two years from the first commercial exploitation of the topography of the starting date, depending on what happened in the past.
 
13. article. Exclusive rights restrictions (1) article 11 of this law, first and second parts of the topography owner specified in the exclusive right does not constitute an infringement of the topography or the semiconductor product topographies realized: 1) private use for non-commercial purposes;
2) scientific experiment or research purposes;
3) training purposes;
4) topography or of related (realized) principles, methods, systems, techniques, technological analysis or assessment.
(2) article 11 of this law the first and second part of the topography owner exclusive rights do not apply also to any enhanced topography created by another person belonging to known topography of scientific research, analysis, or evaluating it. The new topography be registered and protected, if they show signs of this law is broadly consistent with the provisions of article 2.
(3) the owner of the Topography may not prohibit another person to commercially exploit his topography or of a semiconductor product in which it is realized, they produced products, if the topography owner or another person with his consent, has included the said topography or pusvadīt j s products in the economic chain in Latvia or in any foreign country.

(4) the topography or the semiconductor product in which the topography is realized, commercial use is not considered to be an infringement of the exclusive right if the person who independently and in good faith use (hereinafter referred to as the user), or the person's successor did not know or could not have known about the existence of the exclusive rights. In this case, the topography or the semiconductor product use may continue even after the user become aware or should have been aware of the existence of the exclusive rights provided, however, that you have received the consent of the owner of the topography (license contract) and he paid fair compensation. The topography owner and user disputes izšķ r.
 
14. article. Delete the registration of a topography before the Patent Board (1) the registration of a topography deletes before the deadline at the request of the owner of the topography. Registration deleted from the application.
(2) If the right to a topography belongs to more than one person or has been transferred to third parties, you can delete the registration only with the consent of all the owners of the topography.
 
15. article. Recognition of registration of the topography of the void (1) the application for registration of the topography of the invalidity of any interested person may apply to the District Court of Riga around the topography registration in force, subject to the statutory requirements for lifting the order.
(2) the registration of a topography may be declared void if: 1) object (object) does not meet this law set out in article 1 and the topography of a semiconductor product definition, as well as those specified in article 2 of the basic protection for topographies;
2) required documents and the application materials (article 5, first paragraph, point 1 and 2 and paragraph 3 "a"), comparing it with the other application documents and materials (article 5, second paragraph), totally or partially incorrectly identifies the topography or gets its essence so unclear that it is not possible to top g rāfij clearly identified;
3) registered on the topography of the name of the person who was not entitled to claim (article 3 of the first, second, third, fifth and sixth paragraph and article 4, paragraph 1);
4) topography registered in violation of article 4 of this law in the third and fourth parts of the provisions in relation to the term of submission of the application;
5) a document showing the topography of the date of first commercial exploitation (article 5, first paragraph, point 4), is not a true and a false date indication affect the applicant's right to submit the registration application (article 4, third and fourth) or exclusive rights term of validity (article 12).
Chapter IV of the creator and owner of the Topography protection article 16. Restoration of rights (1) any person who complies with article 4 of this law the provisions of the first subparagraph and has proof that it owns the rights to the topography, may apply to the Court to put it right on the application or the registration of a topography, if the application submitted by the person to whom the Abbie n, or if registration has already done this for this person.
(2) the first paragraph of this article is to be used for the rights not later than two years from the date of registration of the topography.
(3) the Patent Board, on the basis of the judgment of the Court of Justice, the topographies of semiconductor products shall be made in the national register of topographies and other registration related documents necessary amendments. Application for amendment attached to the document on State duty payment.
(4) the topography of the creator, if he is not the owner of the topography shall have the right to defend their rights in court in the same order that is determined by the provisions of the Patent law on the protection of the rights of inventors.
 
Article 17. Exceptional protection (1) the owner of the Topography and, with his consent, the exclusive licensee has the right to a topography or a semiconductor product packaging is labelled with a label that warns of the topography registration and exclusive rights and which may include one or more of the following rules: 1 denotes a State m) legend circle included the letter "T";
2) the first commercial exploitation of the topography of the start date.
3 the name of the owner of the topography) name or mark.
(2) the warning labels be considered as evidence that the topography is registered or applied for registration or that the topography owner has the intention to register it in article 4 of this law, within the time specified.
(3) warning labels may not be placed on the articles, if the application for registration of the topography has not been provided in article 4 of this law, as well as if the application is rejected. Otherwise, the applicable laws in force and other relevant legislative provisions on unfair competition.
(4) the topography owner or exclusive licensee is entitled to send third parties that eventually used or intend to use the topography or a semiconductor product in which it is exercised, notice of the filing or registration of a topography.
(5) the owner of the Topography, starting with the date of registration of the topography, has the right to bring a court action in connection with the infringement of exclusive rights. The same right is the exclusive licensee.
Chapter v the liability for violations of exceptional article 18. Exceptional concept of abuse of rights (1) The exclusive right shall be any infringement of this law, article 11 of the activities referred to in the second subparagraph, if it had occurred in topography registrations in force and without the permission of the owner of the topography or other legal basis. The transaction must be regarded as violation of u if its object is set or a topography of its essential part.
(2) intentional violations of exceptional rights of action, be committed after the topography owner or exclusive licensee of the offending informed the filing or registration of a topography, as well as in cases where the object of the dispute is a warning label (article 17, first and fourth).
(3) any person considered violators and is responsible for the infringement of exclusive right also if this law article 11, second paragraph, the following steps were made by third parties.
 
19. article. Liability for violations of exceptional (1) the protection of the Topography shall apply by analogy to the applicable Patent law, article 41 of the rules relating to liability for infringements of the exclusive right, subject to the exceptions laid down in this article.
(2) a Person who without the permission of the owner of the topography or other basis of done any of this law, article 11, first paragraph, the following, after the date of registration of the topography, or after the date of receipt of the owner of the topography or exclusive licensee notice of submission of the application (if the application is accepted by the Patent Office) must pay the topography owner exclusive rights caused the infringement of rules and the NE (d) should stop the topography or the semiconductor product.
(3) the Person who made this law, article 11 the first paragraph of the period between the date when the topography owner started with the warning label on marked the first commercial semiconductor product use, and the date of registration of the topography, the topography owner to be paid only fair compensation and must stop the topography or a semiconductor product. In the event of a dispute, a fair amount of compensation determined by the Court, taking into account the economic value of the use of the topography.
(4) the Person who made this law, article 11 of the action referred to in the first paragraph after the owner started the topographies of a semiconductor product not labelled first commercial use, must be paid to the owner of the topography only fair compensation. If a refund is paid and if the person so wishes, the topography owner gives it a license that gives you the right to continue use of the topography in their company to the extent that the top o grāfij was used prior to the registration date. In the event of a dispute, fair compensation and the license terms by the Court, taking into account the economic value of the use of the topography.
(5) in the second, third and fourth, they do not apply to persons in the period between the date when the owner started the topographies semiconductor products of the first commercial exploitation of the topography, and the exclusive rights of the owner of the entry into force of this law, any absence of the article 11 p i rm the activities listed in part unfair, with deceit. Such exceptional rights violations if the fact of the infringement is proven to be recognised for the willful violations and those applicable in the sixth and eighth parts.
(6) if the exclusive rights infringement committed after the date of registration of the topography and the fact of the infringement is proven, the topography owner or his successor in title, in which the rights and legitimate interests are violated, may require: 1) the topography or a semiconductor product in which it is realized, interruption of use;

2) seizure or destruction of the product as well as the transfer of the cost value of the injured party with its consent;
3) misconduct, nor for damage resultant profit;
4) the topography or a semiconductor product in which it is realized, the illegal use of profit as a result of total or partial assignment of the victim.
(7) when submitting claims to the Court, the applicant may not be the same offence while seeking damages (the sixth part of this article, paragraph 3) and profit (the sixth part of this article) for his transfer.
(8) On activities related to the topography of the owner of the exclusive rights violation perpetrators called to statutory liability.
Chapter VI final provisions article 20. Other laws and international treaty provisions, the application of topography protection (1) the provisions of this Act do not affect the exclusive rights and those arising from the legal relationship in regards to topographies or semiconductor products in which they are implemented, based on the Patent Act or the provisions of other laws protecting intellectual property.
(2) for the purposes of this law are applicable, mutatis mutandis, the relevant provisions of the Patent Act: 1) than the country as a legal personality (article 6);
2) representation on the Governing Board of the Patent (article 7 quarter paragraph 7 and article 29);
3) national defence interests and the rights of the Patent Office (article 11 of the fourth part);
4) on State duties (article 21, paragraph 2);
5) about the restrictions of the officers of the Patent (article 23);
6) on the Board of appeal (article 27);
7) on the nature of patent rights (article 36);
8 the use of the invention) (article 37 of the second, third and fourth);
9) for license and license agreement (article 38);
10 for compulsory licences) (article 39);
11) for the compensation of damage due to prohibition of the publication (article 44);
12) for judicial review of disputes (46, 47, 48 and 49).
(3) If an international agreement approved by the Saeima provides for different rules than this law, applicable international treaty provisions.
Transitional provisions 1. topographies be registered in Latvia, whose first commercial exploitation started no earlier than two years prior to the entry into force of this law.
2. the Cabinet of Ministers shall determine the fees of val st on the legal protection of topographies. Until the entry into force of the relevant Cabinet of Ministers regulations, the fees payable to the extent laid down for the protection of industrial designs.
The law shall enter into force on the 30th day after it broke the law in the Parliament's adopted on 12 March 1998.
The President g. Ulmanis in Riga, 31 March 1998 in the